Crawford Johnson & Co. v. Duffner

COLEMAN, Justice.

Defendant appeals from a judgment granting plaintiff’s motion for new trial in ran action for personal injury to plaintiff -allegedly resulting from defendant’s negligence in failing to keep in a reasonably sáfe condition a certain gas fired boiler owned by defendant.

A tube in the boiler was leaking and defendant contracted with J. L. Duffner, Sr., who undertook to repair the leak. Plaintiff was an employee of Duffner. Plaintiff went inside the fire box and, while he was inside, the gas burners ignited and plaintiff was burned. Plaintiff contends that the burners were ignited…